Comprehensive Guide on Whiplash Injuries After Car Accidents
Whiplash is a type of neck injury caused by a rapid back-and-forth snap of the neck, resembling the cracking of a whip. Many people assume that whiplash is a minor medical concern. However, these soft tissue injuries can be painful and lead to chronic pain and other medical complications without proper treatment. Although whiplash can happen under many different circumstances, it is a common injury associated with rear-end collisions.
How Can Our Car Accident Lawyers Help You Get Compensation for Your Losses?
Whiplash is painful and can turn into a debilitating condition. You deserve fair compensation for your injury, and the best way to pursue it is to turn to an aggressive and knowledgeable Queens car accident attorney for help. At The Tadchiev Law Firm, P.C., we offer responsive and proactive legal representation to help you recover maximum compensation for your injuries. We can help you go after the money you need by:
- Thoroughly investigating the cause of the car accident
- Collecting and preserving crucial evidence
- Identifying all liable parties
- Managing communication between you and other parties
- Negotiating for a fair out-of-court settlement
- Preparing a personal injury lawsuit
- Representing you at trial as necessary
We can also help you get the medical care you need and provide moral support during this challenging time. We believe in caring for our clients, offering comprehensive legal advice and personalized attention every step of the way.
Filing First for Personal Injury Protection Benefits
New York follows a no-fault auto insurance system. Only a dozen U.S. states subscribe to this car insurance program. Under traditional fault-based insurance systems, the driver who causes a car accident is responsible for the injuries and property damage others suffer. Accident victims file a claim against that driver’s liability insurance provider, which reviews the claim. If the company determines its policyholder is at fault, it will offer the accident victim a settlement for their injuries.
No-fault car insurance states operate differently. In New York, you must carry personal injury protection coverage (PIP) in addition to minimum liability insurance. PIP coverage pays for your medical expenses and other financial losses up to your policy limits. Most PIP plans in New York offer at least $50,000 for the following:
- Payment for reasonable and necessary medical expenses following an accident
- Up to 80 percent of lost earnings from work up to certain limits
- Up to $25 per day in reasonable and necessary expenses, such as household help or transportation to doctor’s appointments
- Death benefits
It does not matter who caused the accident. Your PIP covers you regardless of fault.
After a car accident, you must notify your insurance company of the incident to start the claim process. Read your policy thoroughly to determine the notification deadline. Many companies have a time limit for filing an accident claim. Typically, you must file a claim within 30 days.
Your insurance provider may need a written notice of claim and will ask you to offer an official statement. Only provide an official statement after speaking with a car accident attorney who can help manage communication between you and your insurance company.
Filing a Personal Injury Claim Against the At-Fault Motorist If You Have Serious Injuries
There are ways to step outside the New York no-fault system to hold a careless motorist and access additional compensation not available through PIP. First, if your injuries have economic costs that exceed your PIP coverage, you can file suit against an at-fault driver to recover the difference.
Furthermore, you can seek compensation for non-economic losses like pain and suffering if you can prove your injuries meet New York’s serious injury threshold. To be eligible to file a lawsuit against an at-fault driver, you must meet one or more of the following criteria:
- Permanent limitation of the use of a limb or body organs
- Permanent limitation of the use of a bodily system or body functions
- Significant disfigurement
- Significant limitation of the use of a bodily system of body functions
- Bone fracture
- Full disability for at least 90 days
Whiplash is a significant medical condition but may not always rise to the level where it meets New York’s serious injury threshold. Talk to a skilled Queens car accident lawyer about the specifics of your claim. An attorney can determine if your injuries meet this threshold, help you through the personal injury claims process, and advise you on your best options for seeking meaningful compensation.
Identifying the Liable Party in Your Case
Determining every potentially liable party in your case is crucial to pursuing maximum compensation for what you suffered. That can be challenging without an experienced car accident attorney handling your case. Identifying the at-fault party(s) is more complex than pointing the figure at another driver. You will need considerable evidence establishing the other driver’s liability.
In some cases, more than one party may be responsible for causing the crash, potentially including:
- The driver who hit you
- The at-fault driver’s employer
- Other road users
- Car or parts manufacturer
- Government entities
The more liable parties there are, the more money may be available to compensate you. However, to identify all potential defendants, you need a qualified car accident lawyer to collect and preserve evidence, improving your chances of obtaining a full and fair whiplash car accident settlement.
How Much Compensation Can I Get for My Whiplash Injuries?
Whiplash can put you on the sidelines for weeks, months, or even longer. The compensation you might receive depends on the severity of your injuries, the number of liable parties, available sources of compensation, and other factors specific to your case. It is always in your best interest to consult a seasoned Queens personal injury attorney who can accurately calculate the overall value of your claim and aggressively negotiate for you.
Although all whiplash claims are unique, you can pursue compensation for losses like:
- Medical expenses
- Lost wages
- Loss of future earning capacity
- Property damage
- Emotional distress
- Pain and suffering
Unfortunately, the insurance company will likely insist that whiplash is a relatively minor injury and offer you less than you deserve. The amount of compensation you recover will depend in part on your personal injury attorney’s ability to push back against these attempts to downplay your injuries.
Time Limits on Filing a Whiplash Injury Claim in New York
If you suffered whiplash in a car accident, you should understand that there is a time limit for filing a personal injury lawsuit in New York. State law gives accident victims three years from the date of an injury to file a lawsuit seeking compensation for their financial and personal losses. File after the legal deadline expires, and the court can dismiss your case.
While the statute of limitations governs lawsuits rather than insurance claims, losing your ability to take your case to court will also cause you to lose leverage with the insurance company handling your claim.
Different deadlines apply for filing a no-fault car accident claim. In New York, the deadline is generally 30 days from the date of the crash unless the victim can provide a written explanation for their delay in notifying the insurer.
Signs and Symptoms of Whiplash
Whiplash can impact several structures of the neck and upper back, including muscles, tendons, discs, and nerves. While pain is the most common sign of a neck injury, other symptoms of whiplash include:
- Headaches
- Dizziness
- Irritability
- Muscle stiffness in the neck and shoulders
- Numbness in the hands or fingers
- Lower back pain
Neck pain can also lead to sleep issues, fatigue, depression, and difficulty concentrating. Unfortunately, neck pain and the signs of whiplash can easily be masked by the adrenaline rush that follows a car crash. Pain may not manifest for hours or even days after the collision. Always seek medical attention immediately, even if you feel fine. Treating whiplash as soon as possible can improve your prognosis.
Treatment for Whiplash Injuries
Treatment for whiplash injuries depends on the severity of the damage to the neck and surrounding structures. Minor whiplash cases typically benefit from rest and over-the-counter pain medications. More extensive neck damage may need to be treated with immobilization via a cervical collar. Physical therapy, prescription medications, and even surgery may also be necessary.
Always take a whiplash injury seriously. Without proper medical treatment and healing, whiplash can lead to chronic pain, stiffness, lost range of motion, and permanent nerve damage.
Get in Touch with Our Car Accident Lawyers in Queens, NY for Help
If you have been diagnosed with whiplash and a careless New York driver is to blame, let the car accident attorneys at The Tadchiev Law Firm, P.C., help you pursue the compensation you deserve to cover your financial and personal losses. Contact our office today and request a free case evaluation with a whiplash lawyer in Queens.
About the Author
Boris Tadchiev
Boris Tadchiev is the founding partner at The Tadchiev Law Firm, P.C. He focuses his practice on advocating for the rights of individuals and families in personal injury cases involving motor vehicle accidents, premises liability, and wrongful death. He also represents healthcare providers in complex no-fault arbitration claims.